A distinctive theory of punishment plays a central role in Smith's moral and legal theory. According to this theory, we regard the punishment of a crime as deserved only to the extent that an impartial spectator would go along with the actual or supposed resentment of the victim. The first part of this paper argues that Smith's theory deserves serious consideration and relates it to other theories such as utilitarianism and more orthodox forms of retributivism. The second part considers the (...) objection that, because Smith's theory implies that punishment is justified only when there is some person or persons who is the victim of the crime, it cannot explain the many cases where punishment is imposed purely for the public good. It is argued that Smith's theory could be extended to cover such cases. The third part defends Smith's theory against the objection that, because it relies on our natural feelings, it cannot provide an adequate moral justification of punishment. (shrink)

I argue that addiction is not a chronic, relapsing, neurobiological disease characterized by compulsive use of drugs or alcohol. Large-scale national survey data demonstrate that rates of substance dependence peak in adolescence and early adulthood and then decline steeply; addicts tend to “mature out” in their late twenties or early thirties. The exceptions are addicts who suffer from additional psychiatric disorders. I hypothesize that this difference in patterns of use and relapse between the general and psychiatric populations can be explained (...) by the purpose served by drugs and alcohol for patients. Drugs and alcohol alleviate the severe psychological distress typically experienced by patients with comorbid psychiatric disorders and associated problems. On this hypothesis, consumption is a chosen means to ends that are rational to desire: Use is not compulsive. The upshot of this explanation is that the orthodox view of addiction as a chronic, relapsing neurobiological disease is misguided. I delineate five folk psychological factors that together explain addiction as purposive action: strong and habitual desire; willpower; motivation; functional role; and decision and resolve. I conclude by drawing lessons for research and effective treatment. (shrink)

When philosophers want an example of a person who lacks the ability to do otherwise, they turn to psychopathology. Addicts, agoraphobics, kleptomaniacs, neurotics, obsessives, and even psychopathic serial murderers, are all purportedly subject to irresistible desires that compel the person to act: no alternative possibility is supposed to exist. I argue that this conception of psychopathology is false and offer an empirically and clinically informed understanding of disorders of agency which preserves the ability to do otherwise. First, I appeal to (...) standard clinical treatment for disorders of agency and argue that it undermines this conception of psychopathology. Second, I offer a detailed discussion of addiction, where our knowledge of the neurobiological mechanisms underpinning the disorder is relatively advanced. I argue that neurobiology notwithstanding, addiction is not a form of compulsion and I explain how addiction can impair behavioural control without extinguishing it. Third, I step back from addiction, and briefly sketch what the philosophical landscape more generally looks like without psychopathological compulsion: we lose our standard purported real-world example of psychologically determined action. I conclude by reflecting on the centrality of choice and free will to our concept of action, and their potency within clinical treatment for disorders of agency. (shrink)

Hobbes is often portrayed as a thinker who anticipated modern constructivist ideas of fiction and representation according to which reality is simply a social construction. This article questions t...

In the debate on how we ought to define political freedom, some definitions are criticized for implying that no one can ever be free to perform any action. In this paper, I show how the possibility of freedom depends on a definition that finds an appropriate balance between absence of interference and protection against interference. To assess the possibility of different conceptions of freedom, I consider the trade-offs they make between these two dimensions. I find that pure negative freedom is (...) clearly possible. Republican freedom might also be possible, though its protection requirement is too vague for a definitive verdict. Finally, the recently proposed ‘freedom as independence’ is impossible since it is an attempt to avoid the unavoidable trade-off. (shrink)

Na reflexão política de Hobbes, a teoria da obrigação possui uma aproximação argumentativa com o ato contratual, pois sem a efetivação de um acordo não há possibilidade de obrigação política. O artigo em questão propõe-se a examinar a obrigação contratual em relação à obrigação moral. Para tanto, parte-se do princípio segundo o qual Hobbes expõe a obrigatoriedade das leis da natureza em função da obrigatoriedade decorrente do ato contratual entre os homens. Se há uma obrigação de efetivação dos pactos, há (...) também uma obrigação moral de seguir as leis naturais. Desse modo, a obrigação relativa aos termos do contrato representa um artifício para a consecução dos propósitos determinados pelas leis naturais, uma vez que são essas leis que constituem a obrigação moral. (shrink)

Em muitos casos, a argumentação contratualista de Hobbes é descrita de forma superficial e generalizada, ou seja, sem atentar para os níveis e articulações que envolvem o seu discurso. Este tipo de exposição torna-se absolutamente falha ao descaracterizar o cerne do empreendimento teórico-político do filósofo, pois sinaliza para distorções interpretativas a respeito do que ele verdadeiramente pretende fundamentar. Baseado neste aspecto, este artigo propõe a discutir as nuances e tramas que constituem o argumento contratualista hobbesiano a fim de explicitar que (...) a base deste argumento está intimamente relacionada às noções de deliberação e vontade e, por outro lado, a de transferência e autorização e como, por intermédio, destes dois últimos é possível demonstrar a estreita relação de “dependência e necessidade’ entre o artifício e seus construtores que justifica o sentido e as ações do poder soberano. (shrink)

In this paper I will introduce a new compatibilist account of free action: indirect conscious control compatibilism, or just indirect compatibilism for short. On this account, actions are free either when they are caused by compatibilist‐friendly conscious psychological processes, or else by sub‐personal level processes influenced in particular ways by compatibilist‐friendly conscious psychological processes. This view is motivated by a problem faced by a certain family of compatibilist views, which I call conscious control views. These views hold that we act (...) freely when we act in a way that is caused by certain conscious psychological processes. One problem for such views is that current neuroscience suggests that most of our actions are not caused by such processes. Instead, many of the actions we typically suppose are free are caused by sub‐personal level processes and hence would count as not free according to contemporary conscious control views. I argue, contra these views, that many actions caused by these sub‐personal level processes are indirectly free. Further, most of the actions we ordinarily judge to be free are free in this indirect manner. (shrink)

Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of ‘just deserts’. Turning its back on the rehabilitative ideal, this tradition forges a strong association between the justification of punishment, the attribution of responsible agency in (...) relation to the offence, and the appropriateness of blame. By contrast, effective clinical treatment of disorders of agency employs a conceptual framework in which ideas of responsibility and blameworthiness are clearly separated from what we call ‘affective blame’: the range of hostile, negative attitudes and emotions that are typical human responses to criminal or immoral conduct. We argue that taking this clinical model of ‘responsibility without blame’ into the legal realm offers new possibilities. Theoretically, it allows for the reconciliation of the idea of ‘just deserts’ with a rehabilitative ideal in penal philosophy. Punishment can be reconceived as consequences—typically negative but occasionally not, so long as they are serious and appropriate to the crime and the context—imposed in response to, by reason of, and in proportion to responsibility and blameworthiness, but without the hard treatment and stigma typical of affective blame. Practically, it suggests how sentencing and punishment can better avoid affective blame and instead further rehabilitative and related ends, while yet serving the demands of justice. (shrink)

This paper explores the theory of freedom that Emilie du Châtelet advances in her essay “On Freedom.” Using contemporary terminology, we can characterize this theory as a version of agent-causal compatibilism. More specifically, the theory has the following elements: (a) freedom consists in the power to act in accordance with one’s choices, (b) freedom requires the ability to suspend desires and master passions, (c) freedom requires a power of self-motion in the agent, and (d) freedom is compatible with moral necessity (...) but not with physical necessity. While these elements may at first appear disparate, the paper shows that they fit together quite well. The resulting theory is a surprising combination of doctrines that appear to be based on Samuel Clarke’s libertarian account of free will and doctrines that are reminiscent of the compatibilist accounts of John Locke, Anthony Collins, Gottfried Leibniz, and Thomas Hobbes. (shrink)

Commentators have found Hobbes's translation of Thucydides? history puzzling. It was Hobbes's first publication and it preceded his earliest political treatise by more than a decade. Although towards the end of his life Hobbes himself claimed that he published it in order to warn his compatriots of the dangers of democracy and demagoguery, some commentators have dismissed his explanation as an attempt to tie it to his own political theory, in hindsight. Through an examination of Hobbes's preface and essay on (...) the life and history of Thucydides, published alongside his translation, this paper shows that Hobbes's view of Thucydides and his usefulness remained consistent throughout. Siding with Plutarch, Hobbes valued Thucydides for his ability to turn the auditor into a spectator, thereby protecting him, as far as possible, from the dangers of demagoguery. (shrink)

What is liberty, and can it be measured? In this paper I argue that the only way to have a liberty metric is to adopt an account of liberty with specific and controversial features. In particular, I argue that we can make sense of the idea of a quantity of liberty only if we are willing to count certain purely agential constraints, such as ignorance and physical incompetence, as obstacles to liberty in general. This spells trouble for traditional ‘negative’ accounts, (...) against which I argue directly. My aim is to establish the following somewhat surprising claim: that if a political theory is to contain a principle regarding the protection, maximisation, or equalisation of some liberty, it must concern itself--on pain of conceptual incoherence--with the positive preconditions (in addition to the negative preconditions) of that liberty’s effective exercise. (shrink)

There occurred in the twentieth century the most remarkable episode in the history of human thought. A number of thinkers denied the existence of something we know with certainty to exist: consciousness, conscious experience. Others held back from the Denial, as we may call it, but claimed that it might be true --a claim no less remarkable than the Denial. This paper documents some aspects of this episode, with particular reference to two things. First, the development of two views which (...) are forms of the Denial --philosophical behaviourism, and functionalism considered as a doctrine in the philosophy of mind-- from a view that does not in any way involve the Denial: psychological methodological behaviourism. Second, the rise of a way of understanding naturalism --materialist or physicalist naturalism-- that wrongly takes naturalism to entail the Denial. (shrink)

Research into two-stage models of “free will” – first “free” random generation of alternative possibilities, followed by “willed” adequately determined decisions consistent with character, values, and desires – suggests that William James was in 1884 the first of a dozen philosophers and scientists to propose such a two-stage model for free will. We review the later work to establish James’s priority. By limiting chance to the generation of alternative possibilities, James was the first to overcome the standard two-part argument against (...) free will, i.e., that the will is either determined or random. James gave it elements of both, to establish freedom but preserve responsibility. We show that James was influenced by Darwin’s model of natural selection, as were most recent thinkers with a two-stage model. In view of James’s famous decision to make his first act of freedom a choice to believe that his will is free, it is most fitting to celebrate James’s priority in the free will debates by naming the two-stage model – first chance, then choice -“Jamesian” free will. (shrink)

Normal 0 21 false false false MicrosoftInternetExplorer4 O objetivo desse artigo consiste em analisar as noções de representaçáo e autoridade presente no argumento contratualista de Hobbes. Essas noções sáo fundamentais para o entendimento do modo como o poder soberano age em relaçáo aos membros que o constitui. Assim, desmitifica-se a interpretaçáo no qual evidencia o Estado político proposto pelo filósofo em questáo contrário aos direitos individuais.

A filosofia civil ocupa um lugar de destaque no sistema filosófico de Hobbes. Compreende a sua reflexáo das disposições e costumes dos homens, isto é, a ética, os deveres civis e a política. No entanto, a filosofia civil constitui apenas uma parte da elaboraçáo sistemática da filosofia hobbesiana, que contêm, além da sua reflexáo política, importantes apontamentos sobre a física e a geometria. Neste artigo, buscaremos examinar o modo como Hobbes posiciona as diferentes partes que compõem o seu sistema filosófico, (...) a fim de tornarmos explícito o lugar que a filosofia civil ocupa no seu empreendimento filosófico. (shrink)